Overview of the decisions of the Polish Supreme Court
The Resolution of the Polish Supreme Court of October 6, 2022 (case file no. III CZP 119/22) is of particular importance for legal practice. The Court indicated that the compensation due from the insurance company under the contract of third party liability insurance of motor vehicle owners for damages arising from the use of these vehicles covers only necessary and economically justified repair costs. In the Resolution of October 6, 2022 (case file no. III CZP 112/22), the Polish Supreme Court stated that the ruling issued in closed session is a ruling that does not exist if the signature has been placed only under the entire document including the operative part and the main reasons for the ruling (Art. 357 § 5 Civil Procedure Code). Moreover, in the Resolution of June 2, 2022 (case file no. I CSK 219/22), the Polish Supreme Court decided that the submission by parents on behalf of a minor child of a declaration of inheritance rejection is an activity that exceeds the scope of the ordinary management of the child’s property, and making it without the prior consent of the guardianship court entails the nullity of this type of declaration. In addition, the Polish Supreme Court, in the Resolution of May 31, 2022 (case file no. II CSKP 34/22), stated that bringing an action by a parent on behalf of a child for the protection of personal rights against the other parent of that child is an act of representation of the child.
The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness of legal assistance and, consequently, access to court and enforcement of judicial procedures for the protection of all rights and freedoms. The article analyzes the significance of the attorney–client privilege in the context of the jurisprudence of the European Court of Human Rights. The ECtHR has repeatedly ruled on the protection of the attorney–client privilege as part of the human rights protection system. The Tribunal places the right to keep secret the information provided between the client and the lawyer in the sphere of guarantees arising from Article 6 (right to court) and Article 8 (right to protect communication) of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Overview of the decisions of the Polish Supreme Court
The resolution of the panel of seven judges of the Polish Supreme Court of July 2, 2021 (case file no. III CZP 38/20) is of utmost importance for legal practice. In it, the Court assumed that the landowner’s claim, under Article 231 § 2 of the Polish Civil Code, does not expire. The resolution of the Polish Supreme Court of September 30, 2021, case file no. III CZP 37/20, is of particular importance for legal practice. As indicated by the Supreme Court, the limitation period for a claim for compensation for recovery costs, based on Article 10(1) of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly known as the Act on Payment Terms in Commercial Transactions), is set out in Article 118 of the Polish Civil Code. However, according to the resolution of the Polish Supreme Court of July 6, 2021, case file no. III CZP 34/20 – in the event of bodily injury or health disorder, the court may award the aggrieved party with an appropriate sum as a pecuniary compensation for the harm suffered (Article 445 § 1 in conjunction with Article 4491 § 1 of the Polish Civil Code). Moreover, the Polish Supreme Court stated that the aggrieved party does not bear the burden of proving what caused the dangerous nature of the product.
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